172-65606A-02 (JAH5RA-R/JAH7RA-R) 12 Jan 2021
13
TLV EXPRESS LIMITED WARRANTY
Subject to the limitations set forth below, TLV Corporation, a North Carolina corporation
(“
TLV
”) warrants that products which are sold by it, TLV CO., LTD., a Japanese
corporation (“
TLVJ
”) or TLV International, Inc., a Japanese corporation (“
TII
”), (hereinafter
the “
Products
”) are designed and manufactured by TLVJ, conform to the specifications
published by TLV for the corresponding part numbers (the “
Specifications
”) and are free
from defective workmanship and materials. With regard to products or components
manufactured by unrelated third parties (the “
Components
”), TLV provides no warranty
other than the warranty from the third party manufacturer(s), if any.
Exceptions to Warranty
This warranty does not cover defects or failures caused by:
1. improper shipping, installation, use, handling, etc., by other than TLV or service
representatives authorized by TLV; or
2. dirt, scale or rust, etc.; or
3. improper disassembly and reassembly, or inadequate inspection and
maintenance by other than TLV or service representatives authorized by TLV; or
4. disasters or forces of nature or Acts of God; or
5. abuse, abnormal use, accidents or any other cause beyond the control of TLV; or
6. improper storage, maintenance or repair; or
7. operation of the Products not in accordance with instructions issued with the
Products or with accepted industry practices; or
8. use for a purpose or in a manner for which the Products were not intended; or
9. use of the Products in a manner inconsistent with the Specifications; or
10. use of the Products with Hazardous Fluids (fluids other than steam, air, water,
nitrogen, carbon dioxide and inert gases (helium, neon, argon, krypton, xenon
and radon)); or
11. failure to follow the instructions contained in the TLV Instruction Manual for the
Product.
Duration of Warranty
This warranty is effective for a period of the earlier of: (i) three (3) years after delivery
of Products to the first end user in the case of sealed SST-Series Products for use in
steam pressure service up to 650 psig; (ii) two (2) years after delivery of Products to
the first end user in the case of PowerTrap
®
units; or (iii) one (1) year after delivery of
Products to the first end user in the case of all other Products. Notwithstanding the
foregoing, asserting a claim under this warranty must be brought by the earlier of one
of the foregoing periods, as applicable, or within five (5) years after the date of delivery
to the initial buyer if not sold initially to the first end user.
ANY IMPLIED WARRANTIES NOT NEGATED HEREBY WHICH MAY ARISE BY OPERATION
OF LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND ANY EXPRESS WARRANTIES NOT NEGATED
HEREBY, ARE GIVEN SOLELY TO THE INITIAL BUYER AND ARE LIMITED IN DURATION
TO ONE (1) YEAR FROM THE DATE OF SHIPMENT BY TLV.
Exclusive Remedy
THE EXCLUSIVE REMEDY UNDER THIS WARRANTY, UNDER ANY EXPRESS WARRANTY
OR UNDER ANY IMPLIED WARRANTIES NOT NEGATED HEREBY (INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE), IS
REPLACEMENT
; PROVIDED: (a) THE CLAIMED DEFECT IS REPORTED TO
TLV IN WRITING WITHIN THE APPLICABLE WARRANTY PERIOD, INCLUDING A
